39 Stanley Road, HALIFAX, HX1 3RX

a proposed outbuilding

Authority: Calderdale Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that the proposed outbuilding would be permitted development under Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

What decided it

The appellant failed to provide sufficient precision and objective evidence to demonstrate that the proposed outbuilding would qualify as permitted development under Class E, both regarding the lawful dwellinghouse status and curtilage, and regarding whether the building would be required for purposes incidental to dwellinghouse enjoyment.

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